12. Get injunction or temporary restraining order if no funds for bond consider Bankruptcy Chapter 13

13. Have relative or party with good credit get qualified and make Short Sale offer as #3 if accepted

14. Make rent to own contract and record contract

Challenge everything — monthly statements, letters, delinquency notices, default notices, sale notices, eviction and unlawful detainer, and even go after the house you lost and vacated. Write letters and file pleadings. Letters should be certified return receipt requested. Make reference to THEIR sworn filings with the SEC (10k annual report etc.). GET A FORENSIC MORTGAGE AUDIT. In California and other states a sworn pleading must be answered by a sworn pleading from the other side. This could end the case quickly. Just because you get a sworn affidavit doesn’t mean the person who signed it knows anything or any part of the trail of loan origination and securitization of your loan. Ask questions.

We also have numerous possible stages at which a borrower can ﬁnd him/herself

1. Loan not in default but TILA claims can still be made.

2. Loan approaching default.

3. Loan in default

4. Foreclosure suit ﬁled or sale date published

5. Judgment entered

6. Sale occurred to either third party or the lender. I have advised people to go to the sale and inform all potential bidders that the matter is in dispute which usually stops anyone from bidding.

7. Notice to Vacate

8. Eviction notice from Sheriff

9. Evicted — but TILA claims survive for (a) recovery of money and (b) possibly recovery of house from lender

Origination of loan:

1. REAL BANK THAT GIVES MORTGAGE AND HOLDS NOTE THEMSELVES. Direct relationship between the lender and borrower and it is not sold, migrated or otherwise transferred in any manner shape or form. Borrower gave honest information, tax returns etc. My guess is that the only claim here would be fraudulent appraisal but even that is weak because the bank is actually at risk.

2. Mortgage broker steering borrower to worst deal for highest fees. Inﬂated income and appraisals submitted. Lender is selling off or has entered agreements to provide

“inventory” to mortgage aggregators who will sell the aggregated loan portfolio to investment bank who in turn will sell “derivative” securities (CMO – collateralized

Mortgage Obligations or CDO — Collateralized Debt Obligations) to investors who are defrauded by representations from the lender, appraiser, mortgage aggregator,

investment bank, and intermediate sellers of securities. Bank is NOT in any relationship with borrower but that is not disclosed. Bank has no risk or interest in whether borrower pays on loan or not.

3. MOST COMMON: A “bank” that is actually a front for one of the major players. In actuality the bank is a mortgage broker steering customers to worst loans for highest fees.

4. While the “lender” takes the position that they were defrauded by the borrower, the mortgage broker and the appraiser, the truth is that they intentionally defrauded themselves by setting up the structure and giving themselves the position of “plausible deniability.” Their intent was to create a plausible record for the mortgages and notes they were selling to mortgage aggregators and investment bankers.

4. Adjustable rate mortgage fully amortized. First adjustment after teaser rate in 1, 3, 6, 12 or more months. Borrower “qualiﬁes” for mortgage because income ﬁgures support paying the teaser rate. At the ﬁrst or second adjustment owever, they no longer qualifyand the lender knows it by deﬁnition. TILA violation, fraud, etc.

6. Multiple mortgages and notes for multiple properties for speculators — usually involves falsifying information that buyer is going to use the house as primary residence, falsifying income and falsifying appraised values. TILA, fraud etc.

7. APPRAISALFRAUD: Everyone at the closing and hidden behind curtains that you didn’t even know were there had a vested interest in you signing the papers — to justify their sale and collection of funds from investors. Because of the volume of money generated by sales to “qualified” (big) investors, and because of the need to keep appearances of an upward, active market, appraisals were vastly inflated beyond the real value of the property.

As early as 2005 honest appraisers signed a petition to require that all appraisers follow industry standards because the honest appraisers weren’t getting any business.

The difference between the inflated appraisal (made as instructed and paid for by the “lender” who really was standing in for the true source of funds) and the real market value was on average about 25% of the appraised value.

Thus, a house appraised at $300,000 was really worth $225,000 at most. In many cases the figure was 40% and so our example would be a true fair market value of $180,000.

This excess accounted for the entire down payment of most buyers and a substantial portion of the debt they acquired when they signed the loan papers. In our example, the borrower/buyer might have suffered a loss of $120,000.

Adding this cost to the points, interest (APR) the violations of all federal and state laws multiply exponentially.

Principally, it raises the specter of usury, which makes the loan voidable or void, and provides a basis for recovery of attorney fees, and might allow for treble or punitive damages.

Authority and ownership of loans — Legal Standing and Jurisdiction

1. Originating lender still servicing the loan, holds note and mortgage. No assignment, sale or other fancy ﬁnancial tricks.

3. Trustee in non-judicial sale states posts notice of sale based upon information from a source that (a) does not service the loan and therefore does not know if the borrower is in default or not and/or (b) does not own the mortgage or cannot prove that it owns the mortgage and/or (c) does not own the note or cannot prove that it owns the note. IN most cases an investor owns the mortgage and note and the people involved in the foreclosure don’t have a clue as to which bundle of mortgages went into which bundle of securities and how many investors bought into that bundle of securities, and there areno proper assignment documents that were designed much less signed in anticipation of being able to establish legal standing in sale, foreclosure or eviction.

4.Originating lender ﬁles foreclosure or posts notice of sale and does not have servicing rights, ownership of mortgage or ownership of note.

FORENSIC AUDITS:

1.DOCUMENTS AT AND BEFORE CLOSING

2.TILA COMPLIANCE AUDIT AND OTHER LEVELS

3.FULL FORENSIC AUDIT — POSSIBLY NEEDED FOR LITIGATION ONLY

Potential Pleadings:

1.Federal Claim for TILA, Respa, RICO, fraud, USURY etc.

2.QUIET TITLE AGAINST NOMINAL LENDER, ALL OTHER KNOWN PARTIES WHO MIGHT CLAIM INTEREST IN MORTGAGE OR NOTE AND ALL UNKNOWN (JOHN DOES 1-100) PARTIES WHO MIGHT CLAIM AN INTEREST IN MORTGAGE OR NOTE).

2. Memorandum of Law in support of complaint.

3. State Court claim for Fraud

4. State court action for stay of sale, eviction etc.

5. Emergency Petition for temporary Injunctions- State and Federal Courts and memorandums in support thereof.

6. Motion to expedite discovery.

7. Interrogatories

8. Requests for admission

9. Request to Produce

10 Notice of deposition duces tecum

11. Adversary proceeding in Bankruptpcy Court – BE CAREFUL ABOUT WHAT YOU PUT ON SCHEDULES.

12 Memorandum and pleading in opposition to Motion for lifting stay

13. Demand letter to Originating lender — for documents tracing where the mortgage went and for refunds and damages, enclosing TILA audit.

14 Rescission letter

15. Form retainer agreement for audit an checklist for retaining auditor

Timothy,
I am a Mortgage Auditing who works with the attorney for our mutual client. I have a client that I need to get with an attorney and would like to get with you today and discuss this along with the possibility of a retainer and contingency fee.

My Number is 501-228-0877. My email is oliver@ipa.net. Let me know what is convenient for you, send me an email with you contact number and I will be happy to call you.

Thank you for sharing the information regarding foreclosures. Not everyone can be helped in the way they want but the goal is to avoid foreclosure. Foreclosures solutions and short sales offer ways and help in order to keep your home.

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COMING TO YOU LIVE DIRECTLY FROM THE DUBIN LAW OFFICES AT HARBOR COURT, DOWNTOWN HONOLULU, HAWAII LISTEN TO KHVH-AM (830 ON THE AM RADIO DIAL) ALSO AVAILABLE ON KHVH-AM ON THE iHEART APP ON THE INTERNET . . The planned show today will air next week. The outside AM station had a glitch. See you […]

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Everyone approaching or in retirement should know about the HECM program and how it might impact their retirement years. There’s absolutely nothing wrong with today’s HECM mortgages... no matter what you've heard in the past.

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The robo-witnesses called by the fake servicers to testify at the trial of a foreclosure action regularly lie about their personal knowledge and understanding of the loan process, the collection process and the foreclosure process. They are given a script the content of which is completely unknown to them. This is perjury when it happens […]

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Upon doing the deposition of Joeffery Long Wells Fargo I was amazed that they could be so blatant as against the California Homeowners Bill of Rights but then again it is Wells Fargo Joffrey Long rough draft Joffrey Long exhibits

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Getting the 50,000 or three times the actual damages (b) After a trustee’s deed upon sale has been recorded, a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent shall be liable to a borrower for actual economic damages pursuant to Section 3281, resulting from a material violation of Section 2923.55, 2923.6, 2923.7, 2924.9, 2924.10, 292 […]

2920.5. For purposes of this article, the following definitions apply: (a) “Mortgage servicer” means a person or entity who directly services a loan, or who is responsible for interacting with the borrower, managing the loan account on a daily basis including collecting and crediting periodic loan payments, managing any escrow account, or enforcing the note […]

2920. (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. (b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or instrument, other than a […]

CIVIL CODE SECTION 2920-2944.10 2920. (a) A mortgage is a contract by which specific property, including an estate for years in real property, is hypothecated for the performance of an act, without the necessity of a change of possession. (b) For purposes of Sections 2924 to 2924h, inclusive, “mortgage” also means any security device or […]

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CONSTRUCTIVE FRAUD: The tort negligent misrepresentation (also known as “constructive fraud”) requires that each and all of the following elements be proved: “(1) a misrepresentation of a past or existing material fact, (2) without reasonable grounds for believing it to be true, (3) with intent to induce another’s reliance on the fact misrepresented, (4) [ […]

CONCEALMENT FRAUD: The tort of deceit or fraud by concealment requires that each and all of the following elements be proved: “(1) the defendant must have concealed or suppressed a material fact, (2) the defendant must have been under a duty to disclose the fact to the plaintiff, (3) the defendant must have intentionally […]

PROMISSORY FRAUD: The tort of deceit or fraud by a false promise requires that each and all of the following elements be proved: (1) a promise made regarding a material fact without any intention of performing it; (2) the existence of the intent at the time of making the promise; (3) the promise was made […]

PROVING FRAUD and or MISREPRESENTATION: DECEIT OR INTENTIONAL FRAUD The tort of deceit or intentional fraud requires that each and all of the following elements be proved: “(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or ‘scienter’); (c) intent to defraud, i.e., to induce reliance; (d) justifiable rel […]

PLEADING FRAUD / MISREPRESENTATION IN A COMPLAINT: In California, fraud must be pled in the complaint specifically. General and conclusionary allegations are not sufficient. (Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 74; Nagy v. Nagy (1989) 210 Cal.App.3d 1262, 1268) Unlike most causes of action where the “the policy of liberal construction of the ple […]